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From Bilateralism to Community InterestEssays in Honour of Bruno Simma$
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Ulrich Fastenrath, Rudolf Geiger, Daniel-Erasmus Khan, Andreas Paulus, Sabine von Schorlemer, and Christoph Vedder

Print publication date: 2011

Print ISBN-13: 9780199588817

Published to Oxford Scholarship Online: May 2011

DOI: 10.1093/acprof:oso/9780199588817.001.0001

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The International Court of Justice and the Environment: The Recent Paper Mills Case

The International Court of Justice and the Environment: The Recent Paper Mills Case

Chapter:
(p.1024) The International Court of Justice and the Environment: The Recent Paper Mills Case
Source:
From Bilateralism to Community Interest
Author(s):

Guillermo R Moncayo

Martin Moncayo von Hase

Publisher:
Oxford University Press
DOI:10.1093/acprof:oso/9780199588817.003.0064

A bilateral treaty signed between Argentina and Uruguay, on 7 April 1961, defined the boundary between the two countries in the River Uruguay (the Treaty). The Treaty allocated certain islands and islets to each country, set forth navigation rules, and considered the establishment of a set of rules for the use of the river which came into existence by virtue of the Statute of the River Uruguay, signed in 1975 (the Statute). The Statute also establishes the Administrative Commission of the River Uruguay (CARU) which consists of an equal number of delegates for each party and which has the status of a legal entity with broad powers to set forth mandatory regulatory provisions in connection with — among other issues — pollution prevention and the preservation of living resources. The Statute also provides, in connection with the performance of works and the use of water, that the party which plans to carry out activities that, due to their magnitude, may affect the navigation, the regime of the river, or the quality of its water, shall inform CARU about them. This chapter discusses the case submitted by Argentina to the International Court of Justice (ICJ), arising out of the alleged violation by Uruguay of the provisions of the Treaty and the Statute, derived from the projected construction of two pulp mills on the Uruguayan river bank, which led to a dispute between the two countries which, after a series of frustrated negotiations, was submitted to and adjudicated by the ICJ. The Court reached a decision on the case, issuing an award on 20 April 2010 (the Award).

Keywords:   Argentina, Uruguay, pulp mills, bilateral treaties

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